Divorce Questions - Division Of Child Support Enforcement
The Office of the Attorney General, Division of Child Support enforcement, is responsible for prosecuting
nonpayment of support obligations. Enforcement of child support requires a court order and proof of default.
Also be aware of the difference between legal services offered by private family law attorneys and the AG's
office. Private attorneys represent only their client's best interest. The AG's office represents the interest
of the state, which may or may not be consitient with an individual seeking collection of child support
payments. In either case, child support payments and divorce questions must be presented to the court before
enforcing payment.
How Divorce Questions are resolved:
- Legal divorce questions pertaining to rules and cases must be rendered by a judge. Attorneys advise
clients of probabilities of various outcomes along a sliding scale of least to more favorable
- Academic divorce questions relating to the children are resolved by the court
based upon the opinion of qualified experts, through deposition, narrative reports and testimony.
- Factual divorce questions relating to marriage are determined by a jury empanelled by the court, unless a
jury is waived. In non-jury trials (bench trials) the court assumes the responsibilities of both judge and
jury.
- Minor divorce questions of convenience are ordinarily determined by agreement of attorneys for legal
issues, and parents for custody issues.
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